Employee read my Texts

[manga]

I left my mobile at work one lunchtime, a very personal message was sent to me, one of my employees sneaked a peek and told another employee the content, something that I need to keep private. This other employee told me this week after struggling wether to for six weeks. Where do I stand on discipline as this an invasion of my privacy, I feel very I can't trust this employee any more.

[ummmm]

How long have they worked for you?

[buildersmate]

I assume that you have therefore only just found out that employee #1 accessed your phone six weeks ago? - otherwise if you knew 6 weeks ago and did nothing, it is rather late to undertake an investigatory interview now.
If so, and you feel that the information gleaned is a business-related matter (I assume you are the boss of a small business), then you could undertake an investigatory meeting - from which you could consider disciplinary action - depending on what you found out from interviewing the two employees.
Doesn't really sound like a case for dismissal - more like a written warning for misconduct.
Then again, if the employee hasn't work for the employer for at least 12 months, you could decide to dismiss (with notice) for no reason at all. Which is perhaps why the first answer is asking the question that it is.

[boxtops]

Do you not lock your phone when you leave it unattended? I too would call it invasion of privacy if she looked at your personal phone.

[vallaw]

If you left your mobile and it rang, your employee could claim they were trying to help by picking it up - they weren't to know it wasn't work-related. It's your fault, I don't think discipline comes into it.

[askyourgran]

A breach of privacy. The person who did this and told someone else should be reprimanded and marked out (privately) as untrustworthy. If there is need to dismiss someone he should go first. I hate sneaks.

[ummmm]

Vallow - the didn't answer it. They read a private message...

[Chaffinch]

Grip, get of

[ummmm]

What? You think that's acceptable Chaffinch? It's no different to opening someones mail just because they left it on a desk.

[grffindoor2011]

I guess it could be regarded as phone hacking. You should be in line for a few million quid.

[Nini74]

is it a work mobile or a private one? if a private one, then the employee had no right t go near it, let alone open and read a message and then tell someone else the content! If a work mobile, then maybe they thought the message may be work-related, but then when they realised that it was personal, should have told you what they'd done, and exlained their mistake and apologised. Disciplinary/written warning - surely they shouldn't get away with broadcasting anybody else's private business around the workplace! My secretaries have access to my e-mails in work - but I know that they would never ever repeat the content of any private messages they came across....

[Eve]

Be very very careful if considering investigatory/disciplinary action, get advice from ACAS and even legal advice, especially if considering dismissal, to make sure that you do everything properly.

I think the individual circumstances could make a big difference. For example, I know on my phone that, when a message comes through it is visible on the front screen without opening so could be read (at last the beginning of it) without anyone even touching the phone, say if it was left in plain sight on a desk.

What the message said could also make a difference as well, say if they saw that there was a message about a serious health worry like a cancer diagnosis where employees could have been worried, not just about jobs but about the employer personally or if something bad about the business (say something to do with potentially going under and job losses).

It doesn't make it right but there may be more to the circumstances that might not make it clearcut.